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(영문) 청주지방법원 2017.05.24 2016고단1960
배임
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2015, the Defendant purchased CM5 car at the Cheongju-dong 361-370 Maoman-dong Cheongju-dong 361-370 Maoman-dong Cheongju-dong, and was given a loan of KRW 27 million to 60,000 from the Korea Social Services Co., Ltd., Ltd., the Defendant: (a) was granted a right to collateral security to the victim company as the person with the right to collateral security; and (b) accordingly, the Defendant had a duty to pay the above loan and keep the said car in accordance with the purpose of collateral until the mortgage is terminated.

Nevertheless, in violation of the above duty, the Defendant borrowed 4,50,000 won from the lending company called “D” on April 6, 2016 and offered the said car as collateral, thereby acquiring pecuniary benefits of KRW 4,50,000,000 from the loan, and thereby causing damage equivalent to KRW 13,50,000,00 to the victim as collateral.

Summary of Evidence

Application of the Agreement on Installment of Automobile, the Register of Automobile Registration, and the Act and subordinate statutes of the Loan Transaction Contract by the Defendant’s legal statement E

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act on the grounds that the injured person, in agreement with the injured person, does not want the punishment of

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